Publications from 2001

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Baseball Diplomacy, Andrea Kupfer Schneider
(12 Marquette Sports Law Review 473 (2001))

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Unfriendly Actions: The Amicus Brief Battle at the WTO, Andrea Kupfer Schneider
(7 Widener Law Symposium Journal 87 (2001))

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Fraser v. MLS, L.L.C.: Is There a Sham Exception to the Copperweld Single Entity Immunity?, Michael P. Waxman
(12 Marquette Sports Law Review 487 (2001))

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Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy, Michael P. Waxman
(51 Journal of Legal Education 305 (2001))

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Social Security Reform: Creating Transformative Opportunities for African Americans, Phoebe Weaver Williams
(Elder’s Advisor, Summer 2001, at 23)

Publications from 2000

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Can the Police "Impound" a Home While They Seek a Search a Search Warrant?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 89 (2000))

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Does the Federal Arbitration Act Apply to Contracts of Employment?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 76 (2000))

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Has the Federal Common-Law D'Oench Doctrine Been Preempted?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 202 (2000))

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What Constitutes “Property” Under the Federal Mail Fraud Statute?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 37 (2000))

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From the Editor, Alison Barnes
(Elder's Advisor, Fall 2000, at iii.)

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Editorial Views: Choosing and Death, Alison McChrystal Barnes
(Elder’s Advisor, Spring 2000, at 30)

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The Effect of Jandrt on Satellite Litigation, Janine P. Geske and William C. Gleisner III
(Wisconsin Lawyer, May 2000, at 11)

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Can a Public Employer Require Employees to Use Their Comp Time?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 236 (2000))

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Does the AEDPA Apply to a Habeas Petition Filed After an Exhaustion of State Remedies?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 313 (2000))

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May Private Individuals Sue a State That Establishes English-Only Policies?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 176 (2000))

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The Civil Jury in America: Improving the Jury's Understanding of a Case, Jay E. Grenig
(24 American Journal of Trial Advocacy 93 (2000))

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What Constitutes Ineffective Assistance of Counsel at Sentencing?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 141 (2000))

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When Is an Order Compelling Arbitration Subject to Appellate Review Under the Federal Arbitration Act?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 13 (2000))

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When Is a State Post-Conviction Application “Properly Filed” Within the Meaning of the AEDPA?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 23 (2000))

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When Must a Capital Jury Be Told That the Defendant Will Be Ineligible for Parole If Sentenced to Life?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 377 (2000))

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Property Rights in John Marshall’s Virginia: The Case of Crenshaw and Crenshaw v. Slate River Company, J. Gordon Hylton
(33 John Marshall Law Review 1175 (2000))

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Tort Liability, Religious Entities, and the Decline of Constitutional Protection, Scott C. Idleman
(75 Indiana Law Journal 219 (2000))

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Will the FCC Go the Way of the ICC?, Joseph D. Kearney
(71 University of Colorado Law Review 1153 (2000))

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The Influence of Amicus Curiae Briefs on the Supreme Court, Joseph D. Kearney and Thomas W. Merrill
(148 University of Pennsylvania Law Review 743 (2000))

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Punitive Damages and Business Organizations: A Pathetic Fallacy, John J. Kircher
(67 Tennessee Law Review 971 (2000))

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State Action and the Due Process of Self-Help: Flagg Bros. Redux, Alan R. Madry
(62 University of Pittsburgh Law Review 1 (2000))

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Ethics Consult: E-Ethics, Michael K. McChrystal
(Elder’s Advisor, Spring 2000, at 93)

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Applying Antitrust Law to NCAA Regulation of “Big Time” College Athletics: The Need to Shift From Nostalgic 19th and 20th Century Ideals of Amateurism to the Economic Realities of the 21st Century, Matthew J. Mitten
(11 Marquette Sports Law Review 1 (2000))

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When Can a Defendant Challenge His ACCA Sentence on the Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear
(2000-01 Term Preview of United States Supreme Court Cases 207 (2000))

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Building a Pedagogy of Problem-Solving: Learning to Choose Among ADR Processes, Andrea Kupfer Schneider
(5 Harvard Negotiation Law Review 113 (2000))

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Perception, Reputation and Reality: An Empirical Study of Negotiation Skills, Andrea Kupfer Schneider
(Dispute Resolution Magazine, Summer 2000, at 24)

Publications from 1999

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Spoiling a Good Walk: Does the ADA Change the Rules of Sport?, Paul M. Anderson
(1 Virginia Journal of Sports and the Law 44 (1999))

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Does an Auto Manufacturer's Compliance With National Traffic and Motor Vehicle Safety Standards Pre-empt Suits for Defective Design?, Ralph C. Anzivino
(1999-2000 Term Preview of United States Supreme Court Cases 165 (1999))

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Financial Abuses of Elderly Clients, Alison Barnes
(Elder’s Advisor, Summer 1999, at 22)

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Competency, Coercion, and Risk of Violence: Legal Intersects with Fundamental Issues of Mental Health, Alison McChrystal Barnes
(82 Marquette Law Review 713 (1999))

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Can an Employee Who Applies for Social Security Disability Benefits Be a “Qualified Individual with a Disability” Under the ADA?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 263 (1999))

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Can a U.S. District Court Enjoin a Defendant from Transferring or Assigning Assets Held Outside of the Court's Jurisdiction?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 311 (1999))

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Can Congress Make States Amenable to Suit In Federal Court for Claims of Patent Infringement?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 427 (1999))

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Does Congress Have the Power to Make the States Amenable to Suit In Federal Court for Claims Under the Lanham Act?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 423 (1999))

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How Clearly Must a Judge Instruct the Jury That It Should Consider Mitigating as Well as Aggravating Factors In Making Its Sentencing Decision?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 143 (1999))

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When Should a Habeas Claim Be Dismissed as Being a "Second or Successive" Application?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 25 (1999))

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Why Baseball’s Antitrust Exemption Survives, J. Gordon Hylton
(9 Marquette Sports Law Journal 391 (1999))

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The Demise of Hypothetical Jurisdiction in the Federal Courts, Scott C. Idleman
(52 Vanderbilt Law Review 235 (1999))

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From the Fall of the Bell System to the Telecommunications Act: Regulation of Telecommunications Under Judge Greene, Joseph D. Kearney
(50 Hastings Law Journal 1395 (1999))

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Review: The Essence of Property Law, Vada Waters Lindsey
(22 Seattle University Law Review 977 (1999))

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The Burden of Being Poor: Increased Tax Liability? The Taxation of Self-Help Programs, Vada Waters Lindsey
(9 Kansas Journal of Law & Public Policy 225 (1999))

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Legal Indeterminacy and the Bivalence of Legal Truth, Alan R. Madry
(82 Marquette Law Review 581 (1999))

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At the Foot of the Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. McChrystal
(78 Oregon Law Review 393 (1999))

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Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. McChrystal
(Elder’s Advisor, Fall 1999, at 47)

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Ethics Consult: Building Relationships That Work, Michael K. McChrystal
(Elder’s Advisor, Winter 1999, at 71)

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Ethics Consult: Client Choice, Wise Counsel, and Economic Realities: The Forces That Shape the Representation of Elders, Michael K. McChrystal
(Elder’s Advisor, Summer 1999, at 75)

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Planning for a Disabled Child, Judith G. McMullen
(Elder’s Advisor, Fall 1999, at 1)

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Conventional Wisdom: The Courtroom Trial in American Popular Culture, David Ray Papke
(82 Marquette Law Review 471 (1999))

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The American Courtroom Trial: Pop Culture, Courthouse Realities, and the Dream World of Justice, David Ray Papke
(40 South Texas Law Review 919 (1999))

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Mandatory Obsolescence: The Thirty Credit Rule and the Wisconsin Supreme Court, Peter K. Rofes
(82 Marquette Law Review 787 (1999))

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Getting Along: The Evolution of Dispute Resolution Regimes in International Trade Organizations, Andrea Kupfer Schneider
(20 Michigan Journal of International Law 697 (1999))

Publications from 1998

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Book Review: Sport Facility Planning and Management, Paul M. Anderson
(8 Marquette Sports Law Review 459 (1998))

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“Killer Choices”: Felony Murder, Lesser Offenses, and the Death Penalty, Daniel D. Blinka
(1997-98 Term Preview of United States Supreme Court Cases 284 (1998))

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Addressing an Industrywide Health Insurance Crisis by Spreading the Cost: Has Congress Violated the Constitution?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 326 (1998))

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Can an Employer Be Held Strictly Liable for a Supervisor's Quid Pro Quo Sexual Harassment When There Has Been a Quid but No Quo?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 474 (1998))

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Does the Individuals with Disabilities Education Act Require a Public School District to Provide a Quadriplegic Student with Continuous Nursing Service?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 80 (1998))

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Sex and the Public School Teacher: When Is a School District Liable Under Title IX for a Teacher's Sexual Misconduct with a Student?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 406 (1998))

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Stipulations Regarding Discovery Procedure, Jay E. Grenig
(21 American Journal of Trial Advocacy 547 (1998))

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American Civil Rights Laws and the Legacy of Jackie Robinson, J. Gordon Hylton
(8 Marquette Sports Law Journal 387 (1998))

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David Josiah Brewer And The Christian Constitution, J. Gordon Hylton
(81 Marquette Law Review 417 (1998))

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The Bar Association Movement in Nineteenth Century Wisconsin, J. Gordon Hylton
(81 Marquette Law Review 1029 (1998))

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The Wisconsin Lawyer in the Gilded Age: A Demographic Profile, J. Gordon Hylton
(1998 Wisconsin Law Review 765)

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The Limits of Religious Values in Judicial Decisionmaking, Scott C. Idleman
(81 Marquette Law Review 537 (1998))

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The Great Transformation of Regulated Industries Law, Joseph D. Kearney and Thomas W. Merrill
(98 Columbia Law Review 1323 (1998))

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Book Review: Every Writer’s Guide to Copyright and Publishing Law 2d ed., Ramon A. Klitzke
(Wisconsin Lawyer, Feb. 1998, at 28)

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Enhanced Risk of Harm to One's Self as a Justification for Exclusion from Athletics, Matthew J. Mitten
(8 Marquette Sports Law Journal 189 (1998))

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A Review of Federal Sentencing Treatises and Periodicals, Michael M. O'Hear
(11 Federal Sentencing Reporter 69 (1998))

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The First Amendment in Its Third Century: Three Wisconsin Pieces to the Constitutional Puzzle, Peter K. Rofes
(1998 Wisconsin Law Review 861)

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Democracy and Dispute Resolution: Individual Rights in International Trade Organizations, Andrea K. Schneider
(19 University of Pennsylvania Journal of International Econic Law 587 (1998))

Publications from 1997

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Character is Everything: Promoting Ethical Excellence in Sports, Paul M. Anderson
(7 Marquette Sports Law Journal 485 (1997))

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“Cram Down” in Bankruptcy: Is a Secured Creditor Entitled to Replacement Value, Foreclosure Value, or the Average of the Two?, Ralph C. Anzivino
(1996-97 Term Preview of United States Supreme Court Cases 424 (1997))

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“Take the Money and Run – Please”: Severance Payments and Waiver-of-Claim Clauses Under the Age Discrimination in Employment Act, Alison Barnes
(1997-98 Term Preview of United States Supreme Court Cases 68 (1997))

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“Of Crime and the River (of Appeals)”: When Can a Federal Habeas Court Raise State Procedural Bars on Its Own Motion?, Daniel D. Blinka
(1997-98 Term Preview of United States Supreme Court Cases 111 (1997))

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"Practical Inconvenience" or Conceptual Confusion: The Common-Law Genesis of Federal Rule of Evidence 703, Daniel D. Blinka
(20 American Journal of Trial Advocacy 467 (1997))

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Section 10(B) and the Vagaries of Federal Common Law: The Merits of Codifying the Private Cause of Action Under a Structuralist Approach, Edward A. Fallone
(1997 University of Illinois Law Review 71)

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Electronic Discovery: Making Your Opponent's Computer a Vital Part of Your Legal Team, Jay E. Grenig
(21 American Journal of Trial Advocacy 293 (1997))

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Mixed Motives: Are City Council Members Absolutely Immune from Civil Rights Liability for Legislative Acts Taken for Both Lawful and Unlawful Reasons?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 147 (1997))

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Rambo, the Sequel: Does Federal Law Permit an Award of Nominal Disability Benefits to an Injured Longshoreman to Preserve the Right to Receive Future Benefits?, Jay E. Grenig
(1996-97 Term Preview of United States Supreme Court Cases 368 (1997))

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When Is a State Court Case a Federal Case? Or Can State Trial-Court Cases of an Appellate Nature Be Taken to Federal Court?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 36 (1997))

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Are Alabama Sheriffs County Officials for Purposes of Local Governmental Liability Under Federal Civil Rights Law?, J. Gordon Hylton
(1996-97 Term Preview of United States Supreme Court Cases 372 (1997))

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Is a Prosecutor Who Gives Sworn, but False, Statements to Obtain an Arrest Warrant Entitled to Absolute Immunity from Suit?, J. Gordon Hylton
(1997-98 Term Preview of United States Supreme Court Cases 49 (1997))

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Book Review: Religion in Public Life: A Dilemma for Democracy, Scott C. Idleman
(14 Constitutional Commentary 214 (1997))

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Book Review: Competition Regulation in the Pacific Rim, Ramon A. Klitzke
(Wisconsin Lawyer, May 1997, at 26)

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Book Review: Intellectual Property in Europe, Ramon A. Klitzke
(Wisconsin Lawyer, March 1997, at 29)

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Central Planning or Market Controls in Legal Education: How to Decide What Lawyers Should Know, Michael K. McChrystal
(80 Marquette Law Review 761 (1997))

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Book Review: The ABA Guide to Family Law: The Complete and Easy Guide to the Laws of Marriage, Parenthood, Separation and Divorce, Judith G. McMullen
(Wisconsin Lawyer, Oct. 1997, at 47)

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Foreward to Sports Law as a Reflection of Society's Laws and Values, Matthew J. Mitten
(38 South Texas Law Review 999 (1997))

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Professional Sports Franchise Relocations From Private Law and Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, and the Need for a Level Playing Field, Matthew J. Mitten and Bruce W. Burton
(56 Maryland Law Review 57 (1997))

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Remorse, Cooperation, and "Acceptance of Responsibility": The Structure, Implementation, and Reform of Section 3E1.1 of the Federal Sentencing Guidelines, Michael M. O'Hear
(91 Northwestern University Law Review 1507 (1997))

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The "Original Intent" of U.S. International Taxation, Michael M. O'Hear and Michael J. Graetz
(46 Duke Law Journal 1021 (1997))

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The American Legal Faith: Traditions, Contradictions and Possibilities, David Ray Papke
(30 Indiana Law Review 645 (1997))

Publications from 1996

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Racism in Sports: A Question of Ethics, Paul M. Anderson
(6 Marquette Sports Law Journal 357 (1996))

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“Stipulate? We Don't Need No Stinking Stipulation!”: Can the Prosecution be Forced to Stipulate to Facts That It Would Rather Prove?, Daniel D. Blinka
(1996-97 Term Preview of United States Supreme Court Cases 1 (1996))

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Are Supervisory Law Enforcement Officers Entitled to Overtime Under the Fair Labor Standards Act?, Jay E. Grenig
(1996-97 Term Preview of United States Supreme Court Cases 157 (1996))

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“Brian Degen, Won't You Please Come Home”: Can the Government Seize Millions of Dollars in Property Because Its Owner Will Not Return to the United States for Trial?, Jay E. Grenig
(1995-96 Term Preview of United States Supreme Court Cases 332 (1996))